Stuff Happens...too often with fracking.
Just a heads up for all those within the "Town of Fallburg" geographical footprint...Fracking is on the agenda, and I will be asking the town to consider passing a complete ban on the industry practice known as Hydraulic Fracturing. I would encourage all those opposed to fracking to find the time to be there...Fracking is on the agenda at exactly 6 PM.
Below is text of the presentation:
Members of the board for the town
of Fallsburg, attending members of the public, I am here tonight asking you to amend
our zoning rules and regulations to ban Hydraulic Fracturing and its various
and assorted related activities within the geographical footprint of the town
of Fallsburg. Some folks, including
members of this board, in my opinion would see such a ban as un-necessary,
their belief based upon natural industry studies that claim our area of
Sullivan County is not likely to see fracking due to the shallow nature of the
Marcellus Shale in our immediate area.
Simply stated, not likely is a
very ambiguous phrase with enough room to drive a fleet of trucks filled with
contaminated fracking fluids through, and at some point, the Natural Gas
industry will do exactly that in some way, shape or form if we as a community
do not take the steps necessary now to protect ourselves, our community, our
environment, and our fresh drinking water supplies.
The industry is spending tens of
millions of dollars in what amounts to a propaganda campaign. They promise hundreds of thousands of jobs,
they promise us cheap energy, and most importantly, they promise us that the
job will be done right.
First, there will not be hundreds
of thousands of jobs, and the jobs created will not see hundreds, let alone
thousands of Sullivan County citizens hired...the industry has a funny way of
counting, used what could be called fuzzy math in calculating how many jobs
will be created…if a local diner starts using say natural gas, the industry
would want to claim that the job of dishwasher was a job created as a result of
their industry. If there is a major
explosion at a well pad that causes serious injuries to someone, and that
someone going forward required home health care, the Natural Gas industry will
say even that accident CREATED JOBS.
Cheap energy? We all know the basic rule of supply and
demand. The natural gas industry is
getting government at all levels to hand out our tax dollars in the name of
Natural Gas and cheap energy, the state of Pennsylvania as example doling out
almost $50 million to communities to change over their fleets to Natural Gas…well,
as the demand begins to rise, so will the price, and it will not be too far
down this path before we are paying $4.00 a gallon for Natural Gas, just as we
pay $4.00 a gallon now for gasoline. In
the not so long haul, cheap fuel/energy promised by those wanting to frack our
communities is a myth.
They promise the job will be done
right. Fact is, much like the waste from
the nuclear industry, the Natural Gas industry does not know what to do with
their own wastes, literally billions upon billions of gallons of chemically
contaminated and radioactive water.
Right now, they want to either A) inject it into the ground…problematic
from several standpoints including a belief by some including the Ohio EPA that
said injection is causing earthquakes, or B) they want to haul the water off
too local sewage treatment plants for treatment, then have said water dumped
into our rivers and streams.
A simple Google search will show
all of us numerous examples of problems with fracking…what you will find is
three things that stand out.
1. There are a lot of accidents, from well blow
outs, faulty valves, too busted lagoons that were meant to hold the
contaminated water. There are numerous
examples of contaminated wells, and for
every accident, every contaminated water supply, the industry in every
case claims it is not responsible, is not the guilty party.
2. Lots
of excuses as everyone in the industry wants to blame it on someone or
something else. It was human error, it
was an equipment malfunction, it was MOTHER NATURE!
3. Lots
of attorneys, who acting as Natural Gas industry hired guns look at ruined
communities and say, “PROVE IT WAS US”.
The big question seems to be, can
the natural gas industry extract all the gas that is supposed to be in the
Marcellus Shale, and do it safely. Their
own industry experts admit that Hydraulic Fracturing is not without risk…which
brings us to the central point of why I am asking this board to ban
fracking. We as a community cannot
afford those risks, nor can we afford the costs should fracking come to our
community. Furthermore, our own laws as
written make it apparent that Natural Gas drilling and its associated
industrial acts and process does not fall into the town of Fallsburg land use
plans, and not passing a ban on fracking should raise the question, “Are those
elected officials sworn to uphold our town laws and to protect our citizens
derelict in their duties”?
The Town of Fallsburg Zoning Code as adopted in Article 1, Section 310-1.2 specifically
instructs the town in sections A-E, charges the towns elected officials and
employees with the following duties and responsibilities:
To preserve the character and rural
scenic beauty of the landscape and protect this gateway to the Catskill Forests
from inharmonious and destructive uses of land; (emphasis added)
Create
an orderly pattern of growth by encouraging
concentration of new residential development (emphasis added) in areas that
can conveniently be serviced with public facilities and discouraging intensive
residential development in areas of difficult accessibility that would involve
excessive costs for road improvements, road maintenance, school bus
transportation and utility installation;
Regulate
population density to reflect the desired character of the Town;
Prevent intrusion of incompatible
uses into residential areas, by establishing proper standards for improvements
in new residential developments and preserving, protecting and enhancing
natural beauty wherever possible; (emphasis
added)
Provide for open spaces and to
preserve the natural and scenic qualities of lands; (emphasis added)
Furthermore, the town of Fallsburg Zoning Code in Chapter 141 Fresh Water Wetlands in Section 141-1 specifically instructs the town, charges the town’s
elected officials and employees with the following duties and responsibilities:
The purpose of this chapter is to
provide for the protection, preservation and conservation of the freshwater
wetlands within the boundaries of the “Town of Fallsburg”, pursuant to and in
accordance with all of the proceedings, concepts and definitions set forth in
Article 24 of the Environmental Conservation Law and Title 23 of Article 71 of
such law relating to the enforcement of Article 24, as such law may from time
to time be amended.
Everything about hydraulic
fracturing runs contrary to these charges you as a board have been given, and
changing our zoning rules and regulations to ban FRACKING would in fact fit harmoniously
into the towns stated goals as relates to land use in our geographical
footprint. Furthermore, though it is
freely admitted that our town does not have the right to regulate the industry,
two recent court decisions have shown that we and every community in the state
of New York do have the right to REGULATE LAND USE, and a ban on fracking in
Fallsburg would be exactly that…regulating land use. Moreover, for various reasons, now is the
time to pass such a zoning ordinance into law.
1. My own investigations lead me to believe that
right now there are no lands in our community with Natural Gas leases (using horizontal
hydraulic fracturing) on them. This means
passing a bill now banning fracking rather than later when and if there would
be leases eliminates the towns worry that they could be subject to a takings
act…this point was discussed with an attorney with the “Natural Resources
Defense Counsel”
2. When
and if it is proven by the Natural Gas industry that they can extract natural
gas from the Marcellus Shale safely, and without contaminating our air, water
and land, the town could consider changing the ordinance that bans fracking,
but it is prudent right now for us to take steps to protect ourselves…it would
be too late down the road if we found out fracking was coming to our community
to take such protective measures.
3. Passing
such a ban would send a clear signal to the world that Fallsburg cares more
about clean water, a pristine environment, breathable air and people’s health
than it cars about the profits of companies like Cabot Oil, Exxon and
Chesapeake Energy, and that in turn has the very real chance of seeing truly green
businesses and industry giving us a closer look when they are looking for a new
community in which to locate their business.
Fallsburg has nothing to lose in
passing such a ban on fracking, but everything to lose if this board fails to
pass such a ban, and months or a couple years later Hydraulic Fracturing finds
its way into our community. Therefore, I
am asking you to pass the ban on fracking I am requesting on behalf of all
those citizens opposed to Hydraulic Fracturing in our community, and am asking
you to use the frame work included in this document.
If anyone has questions, will do
my best to answer them.
Proposed Amendments to Town of
Fallsburg Zoning Ordinance
The Town of Fallsburg Zoning Ordinance is herby amended as
follows:
1.
Section (insert proper section) Definitions is
amended by adding new definitions to read as follows:
“Natural Gas” shall mean any gaseous
substance, either combustible or noncombustible, which is produced in a natural
state from the earth and which maintains a gaseous or rarified state at
standard temperature and pressure condition, and/or gaseous components or vapors
occurring in or derived from petroleum or other hydrocarbons.
“Natural Gas and/or Petroleum
Exploration” shall mean geologic or geophysical activities related to the
search for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, which include but are not limited to core or rotary drilling or
making an excavation in the search and evaluation or natural gas, petroleum, or
other subsurface hydrocarbon deposits.
“Natural Gas and/or Petroleum
Exploration and Production Materials” shall mean any solid, semi-solid, liquid,
semi-liquid or gaseous material used in the exploration or extraction of
natural gas.
“Natural Gas Exploration and/or
Petroleum Production Wastes” shall mean any garbage, refuse, cuttings, sludge,
flow-back fluids, produced waters or other discarded materials, including
solid, liquid, semi-solid, or contained gaseous material that results from or
is associated with the exploration, drilling or extraction of natural gas
and/or petroleum.
“Natural Gas and/or Petroleum
Extraction” shall mean the digging or drilling of a well for the purposes of
exploring for, developing or producing natural gas, petroleum or other
subsurface hydrocarbons.
“Natural Gas and/or Petroleum Support
Activities” shall mean the construction, use, or maintenance of a storage or
staging yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or petroleum gathering line, venting station, or compressor
with the exploration or extraction of natural gas or petroleum.
2.
Section (insert proper section) is amended by
adding a new section (insert proper section) to read as follows:
Section
(insert new section code here) Prohibited Uses
A) Prohibition against the Exploration for or
Extraction of Natural Gas and/or Petroleum.
No
land in the Town of Fallsburg (and it geographical/governmental outlaying
footprint) shall be used: to conduct any exploration for natural gas and/or
petroleum; to drill any well for natural gas; to transfer, store, process or
treat natural gas; or to dispose of natural gas exploration or production
wastes; or to erect any derrick, building or other structure; or to place any
machinery or equipment for any such purposes.
B) Prohibition against the Storage,
Treatment and Disposal of Natural Gas and/or Petroleum Exploration and
Production Materials.
No land in the Town (and it
geographical/governmental outlaying footprint) shall be used for: the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production materials.
C) Prohibition against the Storage,
Treatment and Disposal of Natural Gas and/or Petroleum Exploration and
Production Wastes.
No land in the Town shall be used
for: the storage transfer, treatment and/or disposal of natural gas and/or
petroleum exploration and production wastes.
D) Prohibition against Natural Gas and/or Support
Activities.
No
land in the Town shall be used for natural gas and/or petroleum support
activities.
3.
These
amendments shall take effect upon adoption and publication as provided by law.
